Disposed¶24

Anushka Ojha v. The Veer Kunwar Singh University

Patna HC18 Mar 2025CWJC/12672/2022

Case brief

AI extract

What is this about?

Patna High Court CWJC No.12672 of 2022 (decided 18-03-2025, Nani Tagia, J.); salary arrears of university assistant in self-financing BLIS course; Veer Kunwar Singh University, Ara; counter affidavit establishing payment of Rs. 1,45,708/- arrears (July 2021-August 2022) by Cheque No. 043364 dated 28.04.2023; termination of service from September 2022; current salary held not payable after cessation of service; writ petition disposed of with no consequential order; liberty reserved to challenge termination order.

What did the court decide?

Arrears of salary for July, 2021 to August, 2022 recorded as paid (Rs. 1,45,708/-); writ petition disposed of with no consequential order; liberty reserved to the petitioner to challenge the termination order. ¶24

Anushka Ojha Vs The Veer Kunwar Singh University — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, working as Assistant in the Bachelor of Library and Information Science (Self Finance Course) in Veer Kunwar Singh University, Ara, was entitled to payment of arrears of salary from July, 2021 as well as her current salary. +1 more

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Court's answer

The relief sought by the petitioner has been granted insofar as arrears of salary are concerned, the petitioner's arrears for the period July, 2021 to August, 2022 having been paid.

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Ratio / Principle

There is no question of payment of current salary to the petitioner, as she is no longer in service after August, 2022, having been terminated from service from September, 2022.

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Key takeaways

The writ petition is disposed of with no consequential order, liberty being reserved to the petitioner to challenge the order of the respondent authorities terminating her services.ratio¶24

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.12672 of 2022, Patna High Court (Nani Tagia, J.), decided 18-03-2025 — Petitioner, serving as Assistant in the self-financed Bachelor of Library and Information Science course of Veer Kunwar Singh University, Ara, sought arrears of salary from July, 2021 together with current salary. In their counter affidavit, respondent Nos. 2 to 4 recorded payment of arrears of Rs. 1,45,708/- for July, 2021 to August, 2022 through Cheque No. 043364 dated 28.04.2023. As learned counsel submitted that the petitioner had been terminated from service from September, 2022, the Court held there was no question of paying current salary to one no longer in service after August, 2022. Finding the relief sought granted insofar as arrears were concerned, the writ petition was disposed of with no consequential order, liberty being reserved to challenge the order terminating the petitioner's services.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12672 of 2022

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======================================================

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Anushka Ojha daughter of Sri Krishna Pal Ojha, Resident of Village-Pure Ojha Sohanpur, Tahsil-Lalganj Ajhara, Pratapgarh, Uttar Pradesh, presently working as Assistant in the Bachelor of Library and Information Science (Self Finance Course), Veer Kunwar Singh University, Ara, District-Bhojpur.

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... ... Petitioner/s

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Versus

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The Veer Kunwar Singh University Ara through Vice Chancellor Veer Kunwar Singh University, Ara.

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The Registrar, Veer Kunwar Singh University, Ara.

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The Director, Bachelor of Library and Information Science, Veer Kunwar Singh University, Ara.

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The Finance Officer, Veer Kunwar Singh University, Ara.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Prasad Singh, Sr. Advocate Mr. Varn Krishna Singh, Advocate For the Respondent/s : Mr. Dr. Anand Kumar, Advocate For the University : Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 18-03-2025

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Heard learned counsel for the parties.

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The petitioner, who is working on the post of Assistant in the Bachelor of Library and Information Science (Self Finance Course) in Veer Kunwar Singh University, Ara has filed this writ petition for payment of arrears of salary for the period from July, 2021 as well as the current salary of the petitioner.

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The learned counsel for the petitioner submits that the

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petitioner has been terminated from service from the month of September, 2022.

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Patna High Court CWJC No.12672 of 2022 dt.18-03-2025 2/3

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The respondent Nos. 2 to 4 have filed a counter affidavit, wherein, in paragraph No. 5 it has been stated as under:-

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“5. That the arrears of salary of the petitioner for the period from July 2021 to August 2022 amounting to Rs. 1,45,708/ was paid to the petitioner through Cheque No. 043364 dated 28.04.2023 which it is evident from the voucher dated 28.04.2023 which was received by the petitioner on 12.05.2023 issued by the Director BLIS Department, VKSU, Ara.”

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From perusal of paragraph No. 5 of the counter affidavit filed by respondent Nos. 2 to 4, it appears that the petitioner’s arrears of salary for the period from July, 2021 to August, 2022 has been paid.

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Since, the learned counsel for the petitioner has submitted that petitioner’s service has been terminated from the month of September, 2022, therefore, there is no question of payment of current salary to the petitioner as the petitioner is no longer in service after August, 2022.

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Patna High Court CWJC No.12672 of 2022 dt.18-03-2025 3/3

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Under the aforesaid circumstance, I find that the relief sought for by the petitioner has been granted, insofar as the arrears of salary of the petitioner is concerned.

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Accordingly, this writ petition is hereby disposed of with no consequential order. Liberty, however, is given to the petitioner to challenge the order issued by the respondent authorities whereby, the petitioner’s services as an Assistant in the Bachelor of Library and Information Science (Self Finance Course) in Veer Kunwar Singh University, Ara has been terminated.

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(Nani Tagia, J)

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Siddharth Sagar/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	18.03.2025
Transmission Date	NA

Anushka Ojha v. The Veer Kunwar Singh University

Case brief

What is this about?

What did the court decide?

Anushka Ojha v. The Veer Kunwar Singh University

Case brief

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What did the court decide?

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